HomeMy WebLinkAboutAgenda Report - August 30, 1997. O
.wCITY OF LODI COUNCIL COMMUNICATION
4<<FOac�
AGENDA TITLE: Fire Code Adoption - California Fire Code - 1995 Edition
MEETING DATE: August 30, 1997
PREPARED BY: Scott W. Kenley
RECOMMENDED ACTION: Following public hearing and public testimony, that the
City Council adopt the attached ordinance.
BACKGROUND INFORMATION: The City's adoption of the Uniform Fire Code is an ongoing
process driven by adoption of revisions at the state level.
The State of California adopted the 1994 Uniform Fire Code with those
revisions. This code became known as the California Fire Code - 1995 Edition. The Uniform Fire Code - 1991 Edition
is the present code adopted by the City of Lodi. The purpose of this public hearing is to present and recommend
adoption of the California Fire Code - 1995 Edition. The proposed adoption of the California Fire Code - 1995 Edition
is less restrictive than the present code adopted by the City of Lodi in that it significantly reduces the cost impact on
existing buildings
The Uniform Building Code is one of the codes used by the City that is integrally involved in the application of the fire
code. The Uniform Building Code has gone through a major rewrite with additional occupancy types being established.
At the code hearings, those voting to adopt the revisions elected not to make fire sprinkler systems a requirement based
solely upon square footage, but gave consideration to building uses and processes. For approximately ten (10) years, the
fire service has been creating local amendments to the fire code with regards to fire sprinklers. In that period, the
Uniform Building Code and Uniform Fire Code have failed to require fire sprinklers for all occupancies based on square
footage. The focus in the code has been on alerting occupants through the installation of fire alarm systems and not on
property protection. The primary focus being life safety, not property conservation.
The City of Lodi presently has adopted a requirement to sprinkler any new building having a square footage of 6,000
square feet or greater (this would include residential). An exception has been made if the space is divided by a two (2)
hour fire separation with no penetration. Additionally, the present code requires the installation of a fire sprinkler
system in any remodeled building having an area of 6,000 square feet or larger when the remodel exceeds S 100,000 in
building improvement costs.
APPROVED:
H. Dixon Flynn -- City Manager
�oFt
x
4<tFOR�
It is my understanding that this requirement, being more restrictive then state code, has caused some concern in the
community. In researching this issue, I feel that the issue centers more on the retrofit requirement than the new
construction aspect of the code amendment. In discussions with the business community, they have stated that in this
day and age, it is an accepted fact that most new commercial construction will require the installation of a fire sprinkler
system. I understand the philosophy concerning existing buildings and concur with the negative impact this could have
on the business community. However, I feel it is my responsibility to minimize, as much as possible, the fire hazard to
the community and follow the policies set forth in the City's adopted General Plan that promotes the installation of
automatic interior sprinkler systems in all new developments.
Therefore, the proposed code as brought before you today, still contains a square footage requirement. However, it
applies to new commercial construction and remodels of existing buildings that propose to add fifty percent (50%)
additional square footage to the existing buildings. In addition, the square footage requirement would not apply to
residential construction.
FUNDING: None required
-( �" �j
S ott W. Kenley
Fire Chief
SK/cs
Q:ICOUNCOMM.AOM
ORDINANCE NO. 1651
AN ORDINANCE ADOPTING THE "CALIFORNIA FIRE CODE, 1995 EDITION",
AND THE APPENDIXES I -C, II -A, II -B, II -C, II -D, II -E, III -A, III -C, III -D, IV -A, IV-
B, V-A, VI -A, VI -B, VI -D THERETO, WHICH CODE PROVIDES REGULATIONS
GOVERNING THE CONDITIONS HAZARDOUS TO LIFE AND PROPERTY
FROM FIRE OR EXPLOSION; REPEALING SECTIONS 15.20.010 THROUGH
15.20.480 INCLUSIVE OF THE CODE OF THE CITY OF LODI AND ALL
OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
THEREWITH.
BE IT ORDAINED BY THE LODI CITY COUNCIL.
Section 1. Section 15.20.010 through 15.20.480 inclusive of the Code of the City of Lodi is
hereby repealed and is superseded and replaced by new sections 15.20.010 through 15.20.310
inclusive as hereinafter set forth.
Section 2. There is hereby adopted new Sections 15.20.010 through 15.20.310 of the Code of
the City of Lodi to read in full as follows:
15.20.010 ADOPTION
The provisions set forth in the "California Fire Code, 1995 Edition", together with the
appendixes I -C II -A, II -B, II -C, II -D, II -E, Ill -A, Ill -C, III -D, IV -A, V-A, VI -A, VI -B, VI -D thereto, are
hereby adopted as the fire prevention code of the city. The fire prevention code of the city shall
apply in all matters pertaining to storage, handling and use of hazardous substances, materials
and devices; and to conditions hazardous to life and property in the use or occupancy of
buildings or premises within the city.
5.20.020 BUREAU OF FIRE PREVENTION
The Bureau of Fire Prevention is established in the Fire Department of the City of Lodi and
which shall be operated under the supervision of the chief of the department. The Bureau of
Fire Prevention shall enforce and is authorized to issue such orders or notices as may be
necessary for the enforcement of the California Fire Code, National Fire Codes and where
necessary and appropriate, any fire or life safety sections of the California Health and Safety
Code, California Penal Code, and all other city, county or state fire or life safety related laws or
codes not specifically covered in any part of this code.
15.20.030 JURISDICTION DEFINED
Whenever the word 'jurisdiction" is used in the California Fire Code it shall mean the City of
Lodi.
15.20.040 SECTION 103.1.4 AMENDED APPEALS
Section 103.1.4 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
amended to read as follows:
Whenever the Fire Chief disapproves an application or refuses to grant a permit
applied for, or when it is claimed that the provisions of the fire prevention code
do not apply or that the true intent and meaning of the fire prevention code has
been misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the Fire Chief to the City Council within thirty days from the date of
the decision appealed.
15.20.050 SECTION 103.2.1.1 (9) ADDED RESPONSIBILITY FOR ENFORCEMENT
Section 103.2.1.1 (9) of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010
is added to read as follows:
The apprehension, detention and prosecution of those persons found to be in
violation of the arson, explosive and fire insurance fraud sections of the
California Penal Code.
15.20.060 SECTION 103.2.2.3 ADDED FIRE PREVENTION BUREAU -ARSON
INVESTIGATORS
Section 103.2.2.3 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
added to read as follows:
All sworn members assigned to the Fire Prevention Bureau are hereby assigned
as Arson Investigators and as such shall enforce the provisions of the California
Penal Code as it pertains to arson.
15.20.070 SECTION 103.4.4 AMENDED VIOLATION
Section 103.4.4 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
amended to read as follows:
No person, whether as owner, lessee, sublessee or occupant, shall use, occupy
or maintain any occupancy, premises, or vehicle or cause or permit the same to
be done, contrary to or in violation of any of the provisions of this fire code or any
lawful order issued by the Fire Chief or his authorized representatives under this
chapter. Any person violating the provisions of this section is guilty of a
misdemeanor for each day such violation continues.
2
15.20.080 SECTION 4.107(f) ADDED REVOCATION, SUSPENSION DENIAL
Section 4.107(f) of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
added to read as follows:
The Fire Chief further shall have the power to revoke, suspend, or deny the granting of any
permit required pursuant to the provision of the Code for any of the following reasons:
(a) When deemed necessary for the protection of life, limb, or property; or
(b) For the violation of any provisions of this Code; or
(c) For changing the occupancy, equipment, materials, processes, or other
conditions in such a manner as to create a greater danger of fire or explosion or
less protection than was present at the time of the issuance of such permits.
15.20.090 SECTION 105.8.1 ADDED NEW MATERIALS, PROCESSES OR OCCUPANCIES
Section 105.8.1 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
added to read as follows:
The City Manager, Fire Chief and Fire Marshal shall act as a Committee to
determine and specify after giving affected persons an opportunity to be heard,
any new materials, processes or occupancies, which shall require permits, in
addition to those now enumerated in the Code. The Fire Marshal shall post such
list in a conspicuous place in his office and distribute copies thereof to interested
persons.
15.20.100 SECTION 902.2.2.1 AMENDED DIMENSIONS
Section 902.2.2.1 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
amended to read as follows:
Fire apparatus access roads shall have an unobstructed width of not less than
24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches.
Vertical clearances or widths shall be increased when, in the opinion of the chief,
vertical clearances or widths are not adequate to provide fire apparatus access.
15.20.110 SECTION 902.2.2.2 AMENDED SURFACE
Section 902.2.2.2 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
amended to read as follows:
Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall provide a permanent surface of asphalt
or concrete installed the full width of all streets, cul-de-sacs and fire lanes.
3
15.20.120 SECTION 901.4.4 AMENDED PREMISES IDENTIFICATION
Section 901.4.4 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
amended to read as follows:
Approved numbers or addresses shall be placed on all new and existing
buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Said numbers shall contrast with their background.
The approved minimum size dimensions of the numbers shall be as specified by
Table 1.
Where a building is set back from the street or road fronting the property and
where addresses may not be clearly identifiable due to distance from the street
or roadway, landscape and architectural appendages, or other obstructions,
address posting shall be required both at the street driveway serving such
building and on that building.
TABLE 1
Distance to Building Address
Size
Measured From Back of Walk
Height
25 Feet
3 INCHES
26-40 Feet
5 INCHES
41-55 Feet
9 INCHES
OVER 55 Feet
12 INCHES
15.20.130 SECTION 901.4.4.1 ADDED PREMISES IDENTIFICATION -REAR
Section 901.4.4.1 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
added to read as follows:
Any business or apartment building which affords vehicular access to the rear
through a driveway, alley way or parking lot, shall also display approved
identification or address numbers on the rear of the building for such business or
apartment building in a location approved by the Fire Chief.
15.20.140 SECTION 901.4.4.2 ADDED PREMISES IDENTIFICATION -MULTIPLE DWELLING
UNITS
Section 901.4.4.2 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
added to read as follows:
An approved diagram of the premises which clearly indicates all individual
addresses of each unit in the complex shall be erected at the entrance driveways
to every multiple dwelling complex having more than one building on the
premises or when required by the Fire Chief.
In addition, the Fire Chief may require that individual buildings on the premises
be identified in an approved manner.
15.20.150 SECTION 902.4.1 ADDED HMMP BOX
Section 902.4.1 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
amended to read as follows:
When a business which handles hazardous materials is required to complete a
hazardous materials Management Plan, the Chief may require the installation of
a secured box at the primary facility entrance containing a copy of the
Hazardous Materials Management Plan. This box shall be waterproof and
capable of holding the document in a rolled condition without folding. Other
characteristics of the box shall be approved by the Chief.
Businesses which handle acutely hazardous material as defined in Section
25532 of the Health and Safety Code shall install a Hazardous Material
Management Plan Box in accordance with this section.
15.20.160 SECTION 1002.11 AMENDED FIRE APPLIANCES
Section 1002.11 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
added to read as follows:
All buildings and premises, except R3 occupancies, shall have installed and
properly mounted in approved location a minimum of one fire extinguisher having
a minimum rating of Type 2A:1OBC or a pressurized water extinguisher having a
minimum rating of Type 2A, or of a quantity, type and location as determined by
the Fire Chief.
All portable fire extinguishers shall be serviced once a year.
15.20.170 SECTION 1003.2.3.3 DELETED AUTOMATIC FIRE EXTINGUISHING SYSTEMS
Section 1003.2.3.3 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
deleted
15.20.180 SECTION 1003.2.7 DELETED AUTOMATIC FIRE EXTINGUISHING SYSTEMS
Section 1003.2.7 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
deleted.
15.20.190 SECTION 1003.2.9 ADDED AUTOMATIC FIRE EXTINGUISHING SYSTEMS
Section 1003.2.9 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
added to read as follows:
5
In addition to the requirements specified in Section 1003, an automatic sprinkler
systems shall be installed throughout and maintained in an operable condition
regardless of the installation of area separation walls in the following buildings:
(1) Every building hereafter constructed in which the total floor area is 6,000
square feet or more.
(2) Every building hereafter constructed of three or more stories as defined in
the Uniform Building Code.
(3) Every building hereafter in which the square footage existing as of
September 1, 1997 is increased by 50% and the total square footage of
the building exceeds 6000 square feet.
(5) This section shall not preclude or alter the intent of the Uniform Building
Code, Section 508. Fire resistive substitution.
Exceptions:
R-3 Occupancies
2. When approved by the Fire Chief, buildings divided into areas not
greater than 6,000 square feet by area separations walls of not
less than 2 -hour fire -resistive construction provided that:
Walls are constructed without openings and without penetrations
for ducts.
b. No avenues exist that would allow fire, heat or smoke spread
between divided areas.
C. The location of the firewall is clearly marked and identified on the
exterior of the building in a manner approved by the Fire Chief.
d. The firewall is identified in the interior of the building in a manner
approved by the Fire Chief.
e. An 8 1/2 -inch by 11 -inch site plan is submitted indicating the
location of the firewall in the building.
The use of this exception may be denied or revoked by the Fire Chief for due
cause.
For the purposes of applying this section, each portion of a building separated by
one or more area separation walls shall not be considered a separated building.
15.20.200 SECTION 1102 - DELETED ARTICLE 11, DIVISION II SECTION 1102.2.5
Section 1102 through Section 1102.2.5 of the "California Fire Code, 1995 Edition" adopted by
Section 15.20.010 are deleted.
15.20.210 SECTION 1102.3 AMENDED - OPEN BURNING
Section 11.203 of the "California Fire Code, California Edition" adopted by Section 15.20.010 is
added to read as follows:
No person shall kindle or maintain any outdoor fire within the limits of the City of
Lodi, except that this section shall not prohibit those fires that are approved by
the Fire Chief for the following purposes:
a. The prevention of a fire hazard which cannot be abated by any other
means.
b. The instruction of public employees in the methods of fighting fire.
C. The instruction of employees in methods of fighting fire, when such fire is
set, pursuant to permit, on property used for industrial purposes.
d. The setting of backfires necessary to save life or valuable property
pursuant to Section 4426 of the Public Resource Code.
e. The abatement of fire hazards pursuant to Section 13055 of the Health
and Safety Code.
f. Disease or pest prevention, where there is an immediate need for and no
reasonable alternative to burning.
Nothing in this section shall be construed as prohibiting open outdoor fires used only for
cooking food for human consumption where such use is accomplished in an approved fireplace
or barbecue pit, or for recreational purposes in areas approved by the Fire Chief, provided that
the combustible material is clear dry wood or charcoal.
15.20.220 SECTION 1102.3.9 ADDED CONSTRUCTION SITES
Section 1102.3.9 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
added to read as follows:
No unsafe or uncontrolled fire shall be permitted to burn on any construction site
for any purpose. This section is not to prohibit the use of devices or tools
producing a flame when used in an approved manner and necessary for the
construction of the building.
7
15.20.230 SECTION 1104 DELETED PARADE FLOATS
Section 1104 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
deleted.
15.20.240 SECTION 1117 ADDED ELECTRICAL DISCONNECT
Section 11117 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
added to read as follows:
All buildings providing electrical service through more than one (1) service meter
or through multiple service connections, shall have each main electrical
disconnect identified in a manner approved by the chief indicating areas or units
served.
15.20.250 SECTION 1118 ADDED GAS DISCONNECT
Section 1118 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is added
to read as follows:
All buildings providing natural gas service through more that one (1) service
meter or through multiple service connections, shall have individual gas shut -offs
identified in a manner approved by the chief indicating areas or units served.
15.20.260 ARTICLE 47 DELETED FUMIGATION AND THERMAL INSECTICIDAL FOGGING
Article 47 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is deleted.
15.20.270 SECTION 7701.7.2 LIMITS EXPLOSIVE AND BLASTING AGENTS
The limits referred to in Section 7701.7.2 of the California Fire Code, 1995 Edition" adopted by
Section 15.20.010 in which the storage of explosives and blasting agents is prohibited is the
entire city except in areas zoned M-2 as such zone is defined in the zoning regulations of the
City.
15.20.280 SECTION 7801.3.1.1 AMENDED MANUFACTURING OF FIREWORKS
Section 7801.3.1.1 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
amended to read as follows:
The manufacture of fireworks within the limits of the City of Lodi is prohibited.
15.20.290 SECTION 7902.2.2.2.1 LOCATION OF ABOVE GROUND TANKS ARE
PROHIBITED
The limits referred to in Section 7902.2.2.2.1 of the "California Fire Code, 1995 Edition" adopted
by Section 15.20.010 in which the storage of Class I and Class II liquids in aboveground tanks
outside of buildings is prohibited in the entire city except areas zoned C -M, M-1 and M-2 as
such zones are defined in the zoning regulations of the city.
N
15.20.300 Section 5202.4.1 AMENDED DISPENSING INTO FUEL TANKS OF MOTOR
VEHICLES FROM ABOVEGROUND TANKS
Section 5202.4.1 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
amended to read as follows
Class I and Class 11 liquids shall not be dispensed into the fuel tank of a motor
vehicle from aboveground tanks except when such tanks are installed inside
special enclosure in accordance with Section 5202.3.6 or Section 5202.3.6.1.
15.20.310 Section 5202.3.6.1 ADDED ABOVEGROUND TANKS CONTAINING CLASS It
LIQUIDS
Section 5202.3.6.1 of the "California Fire Code, 1995 Edition" adopted by Section 15.20.010 is
added to read as follows:
SCOPE
This section shall apply to new and existing locations.
TANK CONSTRUCTION
Aboveground tanks used for dispensing of Class II liquids into the tanks of motor
vehicles are prohibited except in areas zoned M-2.
Tanks shall be built to meet Underwriters Laboratories Inc., Standard for Steel
Aboveground Tanks for Flammable and Combustible Liquids, U.L. 142
Tanks shall be securely supported by concrete, masonry or protected steel.
Tanks supports shall rest on foundations of concrete. Tank foundations shall be
designed to minimize the possibility of uneven settling of the tank.
Steel supports for tanks shall have a fire resistance rating of not less than two
hours, except that solid web steel saddles need not be protected if less than 12
inches at their lowest point.
Design of supports shall be in accordance with the California Fire Code, 1995
Edition
Normal venting and emergency venting shall meet all requirements of the
"California Fire Code, 1995 Edition".
All connections, fittings or other appurtenances shall be installed in accordance
with Division VII, 'Piping, Valves and Fittings."
Tanks containing Class II liquids shall not exceed 12,000 gallons and shall be
limited to one tank per parcel.
05
CONTAINMENT WALL
A containment wall of concrete or masonry shall be constructed regardless of
tank construction and shall be designed to contain 110 percent of the tank
capacity. The containment wall shall have no side closer than 15 feet to any
property line or building.
The minimum distance between tanks and the interior containment walls shall be
not less than 3 feet and not more than 5 feet.
Containment walls shall not be less than 3 feet in height and not more than 5
feet in height.
Provision shall be made for removing water from the containment area in
accordance with the California Fire Code 1995 edition. Rainwater drainage
should be designed to exit below floor surface.
Piping shall not be allowed to pass through containment walls.
The containment area shall be kept free of combustible material, empty or full
drums or barrels.
ELECTRICAL
Electrical controls shall meet all requirements of the "California Fire Code, 1995
Edition".
DISPENSING SYSTEMS
Dispensing systems shall not be by gravity feed and shall be designed to limit
the quantity dispensed to 150 gallons each activation of the dispensing system
Dispensing pumps shall be installed at the top of the tanks.
A normally closed solenoid valve is to be installed on the outlet of the dispensing
pump. This valve is to be electrically wired so that it will open when the pump is
operating.
Dispensing devices shall conform the "California Fire Code, 1995 Edition".
Each pump shall have installed on the discharge an approved leak -detection
device which will provide an indication if the piping and dispensers are not
essentially liquid tight.
Protection against physical damage shall be provided as required by the Fire
Chief.
The system shall be tested as provided in the California Fire Code 1995 edition.
10
SAFETY RULES
Portable fire extinguishers with a minimum classification of 2A-20BC shall be
provided and so located that it will be not more than 75 feet from any pump.
A conspicuous sign prohibiting smoking, and requiring the motor to be shut off
during fueling operations shall be posted.
The grade of the land shall be such that a fuel spill will not drain to a storm drain,
building or other exposure.
The system site shall be provided with a fire alarm transmitting device. Such a
device may be a telephone not requiring a coin to operate.
Section 3 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 4 - Severability, If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
Section 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as
such conflict may exist.
Section 6. This ordinance shall be published one time in the "Lodi News Sentinel," a
newspaper of general circulation printed and published in the City of Lodi and shall be in force
and take effect thirty days after its passage.
Attest:
ALICE M. REIMCHE
City Clerk
Approved this day of , 1997
PHILLIP A. PENNING, Mayor
11
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1651 was introduced at a regular meeting of the City Council of the City of Lodi held August 6,
1997, and was thereafter passed, adopted and ordered to print at a regular meeting of said
Council held , by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1651 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to form
eltu 4 & e 4-1+
Randall A. Hays
City Attorney
12
ALICE M. REIMCHE
City Clerk